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FOYLE BY McMILLAN v. LEDERLE LABORATORIES

No. 85-1620-CIV-5.

674 F.Supp. 530 (1987)

Lauren FOYLE, By and Through her Guardian Ad Litem, Duncan McMILLAN, Robert S. Foyle and Kimberley S. Foyle, Plaintiffs, v. LEDERLE LABORATORIES, a Division of American Cyanamid Co., a Corporation, Defendant.

United States District Court, E.D. North Carolina, Raleigh Division.

December 2, 1987.

Attorney(s) appearing for the Case

John P. Edwards, Elizabeth F. Kuniholm, Tharrington, Smith & Hargrove, Raleigh, N.C., for plaintiffs.

Charles E. Nichols, Kenneth Kyre, Jr., Nichols, Caffrey, Hill, Evans & Murrelle, Greensboro, N.C., for defendant.

ORDER

TERRENCE WILLIAM BOYLE, District Judge.

The defendant's motion for partial summary judgment on several issues is before the court at this time. A hearing was held on October 29, 1987, at which time the court heard argument on these issues.

FACTUAL BACKGROUND

On November 1, 1982, Lauren Foyle, then age two months, received a DPT vaccination. The vaccination is designed to prevent a child...

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